2026 ME 58
Me.2026Background
- Judith Andrews appealed a Superior Court judgment affirming the Kittery Planning Board’s approval of a conservation subdivision for Chip and Anne Andrews. 1
- The applicants sought sketch plan review, preliminary approval, and then final approval for a major conservation subdivision. 2
- The subdivision code allows conservation subdivisions to be modified by Chapter 16.10 or by Planning Board action when authorized. 3
- The applicants requested waivers of generally applicable street standards, including street length, width, gradient, and sidewalk/pedestrianway width. 4
- Andrews argued the requested street-standard waivers were unlawful because only the Board of Appeals could grant variances from zoning requirements. 5
- The Planning Board approved the subdivision and found the requested waivers satisfied section 16.8.7; the Superior Court affirmed. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether street-standard waivers required a zoning variance 7 | Andrews said the Planning Board lacked authority to waive the street standards. | The Town and applicants argued the standards were waivable subdivision rules, not zoning requirements. | The standards were waivable subdivision standards, so no variance was required. 8 |
Key Cases Cited
- Upstream Watch v. City of Belfast, 299 A.3d 25 (Me. 2023) (procedural facts may be drawn from the planning-board record 9)
- Cannon v. Town of Mount Desert, 345 A.3d 115 (Me. 2025) (appellate review is directed to the agency decision when the trial court acts in an appellate capacity 10)
- Wister v. Town of Mount Desert, 974 A.2d 903 (Me. 2009) (ordinance language is construed de novo using plain meaning 11)
- LaBay v. Town of Paris, 659 A.2d 263 (Me. 1995) (general, uniform land-use regulation is not zoning 12)
- Shadan v. Town of Skowhegan, 700 A.2d 245 (Me. 1997) (subdivision regulation is not zoning and may be waived by a planning board 13)
- Perkins v. Town of Ogunquit, 709 A.2d 106 (Me. 1998) (planning-board waiver cannot circumvent zoning requirements reserved to the board of appeals 14)
- Sawyer v. Town of Cape Elizabeth, 852 A.2d 58 (Me. 2004) (planning-board modification cannot replace mandatory zoning standards 15)
- York v. Town of Ogunquit, 769 A.2d 172 (Me. 2001) (planning board may waive general subdivision standards but not zone-specific zoning provisions 16)